Ambleside County Court Ambleside Lakes Herald October 2, 1885 Page 5 Friday before Judge Ingham and the registrar, G. Gatey, Esq. HARDY v CLARKE This was an action brought by Mr. Thomas HARDY, grocer and car proprietor, Grasmere, against Mr. CLARKE, painter, of the same place for the recovery of £14 10s 1d for goods supplied. Mr. POOLE appeared for the plaintiff; defendant was undefended. Mr. POOLE produced a letter admitting the amount. Judgment was given in favour of the plaintiff, an order being made for payment of £12 10s ½d. An item for interest at 5 per cent from April 23rd, 1882 to April 23rd, 1885 being struck out. ELLWOOD v GARNETT This was a claim for damages sustained by a child, the son of the plaintiff, against --- GARNETT, a farmer, of Grisdale, through alleged negligence on the part of a servant of the defendant. £50 was the amount claimed. Mr. R. O'Niell PEARSON appeared for ELLWOOD Mr. POOLE for GARNETT Mr. PEARSON in opening the case said the plaintiff, a little boy, was in a cart with his brother an elder boy named William. They had been to Ambleside, and were proceeding to Grisdale. The elder brother was driving and the little boy was in the cart which was otherwise empty. At one part of the road they met a servant of the defendant, named BLACK, who was leading a horse and cart and had another horse and cart behind. They were both heavily laden with stone, and were going slowly, when they came to a part of the road where it is only 10 ft. 6 in. wide. The first cart passed the plaintiff's all right, but the second was almost abreast of the first cart as the rope behind was a long one. The second cart collided with the plaintiff's, and the little boy was thrown out and apparently the wheel went over part of his head. The little boy was nine years of age. William ELLWOOD said he was a brother of the plaintiff. He remembered the 25th of April last. He and his brother, Hudson, were riding in a cart together when they met Richard BLACK, driving two carts. BLACK was leading the first horse and the second horse was behind, but it was at one side, and could see past the first cart. As they were passing, the last cart hit against their's and he and his brother were thrown out. The first cart passed easily. In answer to Mr. POOLE: I was sat in the cart with my feet on the shafts. I had the reins. Mr. POOLE produced an Act of Parliament that compelled drivers of ordinary farmers' carts to lead the horses, and not to drive them from the carts. It was perfectly clear that if he had been leading the horse the accident would not have happened. Dr. PARSONS, of Hawkshead stated that he was called in to see the little boy on the 25th of April, about 7 o'clock in the evening. He found him suffering from severe scalp wounds. The scalp was torn off, and he had received a terrible shock, and there was some danger of his life. His doctor's bill was £12. It was stated that the rope attaching the second horse to the first cart was only 3 ft. 3 in. in length, and it was tied on the left hand side of the cart, on the opposite side to which the plaintiff's cart was. The Judge in giving judgment in favour of the defendant, remarked that there was no evidence of negligence on the part of the defendant's servant, and a man could not be responsible for any sudden turn that his horse might make. John DIXON v R.P. THOMPSON and John THOMPSON This action was brought by an inn keeper, of Elterwater, against R.P. HUNTER, of Ambleside and John THOMPSON of Langdale, executors of the late Mr. SUART. The claim was for £9 10s 9d. Mr. HEELIS appeared for the defendants, who objected to certain items as they were outside of the statue of limitations. £5 11s 3d had been paid into court. The Judge: If you do not accept the £5 11s 3d you will get nothing at all, as I will put the case back to have the dates put to the different items. You may think yourself fortunate that you get that. A verdict was accordingly entered for the reduced amount. Amongst the adjourned commitment summonses that of C. and R. PENNINGTON v George BROCKBANK of Ambleside was again adjourned , the registrar stating that the defendant had filed an administration order. David Leverton Leverton, Stevens, Clibborn, Dodgson, Hird, Stalker ulpha@telus.net